The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1887-12-29
GAMBLING
County Attorney Barnhart Inter
viewed on the Subj CT

viewed on the SUBJ CT
A STATESMAN interviewer meeting Coun
~ Attorney Bsruhs;e yesterday, opeusd
upon nim Ttth she query;
! Have you. seen an gCtcie in the pap ~
hi ting at ga exposure OF tle gamblers
100 this city
Yes, / saw s. paragraph 10 The SIArEs-
Man 8b,u it,
"Wls Official action have you taken in
the matter -
4 have P.useeuted every case aud will
prosecute al others that are properly
! bought before me"
what 60 you In.an by being properly
5rsu-st %"
'Neli, she law requires either that some
I one mus make complaint in writing,
syn 1t and swear 70 ii, upon which
II can ne an Information, or the
grad jury mos: iniicf. Now the
court Of appeals holds shat
the coauty attorney can't maEe com
I plsiuG Linse,t even il he we're to see
gambling going On, because ne has TO file
/ information moon the conpllint Of som
creditable person other than himself
Iherefote, Iu any prosecution against
gamblers some person mnst appear be-
/ fore hin, or justice OF tine peace, and
| N Ike effidavit.
! You eau s y for me officially that when
any body comes before me and makes
com isint or it anybody has any CON
| plant 70 make, and will make the fact
I known 20 ne, will prosecute all their
csss~; bus he must be willing to put it In
voting, as that l. t- Only cr14Ga rl
! which can have basi- ,Jc proseontiUa.
tn thaN lafa IL il apT a=sszf in
this city and county I snow nO5Ody any
favor. Turning T. Dspaty County CLERK
! Mr.. JEFF Brown; Is tast correct, Mr.
Browu?"
Mr.. Brown-I don't know OF any faEors
stance where they have been prosecuted
| have been assessed ten days sentence in
the county jail, and turned over to the
county to work on tue roads.
| Mr.. Barnhart-rhe gamblers can in
| form one against another. There Is an
impression that IT, county attorney has
power to compel nan to make com
plant. That is a mistake. Tns COUNTY
attorney has no such authority, under the
law. 1t is Only Justice IF the peace Who
have such power. They can commit a
man to jail if he refuses 70 testify.
"As said,the CON pisint before me must
be in writing, and sgoca 20 by some cred
IDLE person. But one gambler indictiug
another don't amount to much. If you
depend on one to iud.ct another By max
ing charge, just as likely as not hs will
not appear, and your csse Is LOST
WHAT THs LAW SAYS.
In connection with Mr. B4rnhars's
statement, the law, a. covered b Judge
Walkers charge to he grand jury, reads;
Article 36S, Penal CJds-If any justice
of the peace, mayo or recorder shall
know the fact that an 0tfeEse against the
gaming laws has been committed by any
person, and shall tai. or neglect to cause
such person to be arrested aud prosecuted
for the same, he Shall be punished Oy fine
not less than S25 nor more tusn 500.
AIT. 369-If an peace officer shall
know that any per-oE has committed an
offense against IT, gaming laws, aud
shall neglect or fail 70 give information
thereof to some Justice of the peace,
mayor or recordsf. having jurisdiction
to try such offense, se shall be punished
by fine not less than S2j nor more than
500.
And article "A OF the Code Of Procedure
defines who are peace officers a. follows:
Art. 44-The following are peace Of
ficers:'' The sheslH and his deputies,
constable, the mar 50, constable or po-
llcemsn, if an cO.porsted town or city,
and any private person specially sp-
, pointed to execute criminal process.
Art. 906-When 3 iustios Of the peacs
has good cause to believe that an Offense
has been, or is about 20 be, committed
against the laws o. 'ts state, he msy sum
mon and examine any witness, or Wit
nesses, in relation hereto; and II 1t shall
appear from the statement OF any witness,
or witnesses, that an offeuse mas been
, committed, the justice shall reduce said
statements to writing. sud cause the
same to be sworI to by she witness, or
witnesses, making The same; and there
pom such justice shsli issue warrant for
the arrest of the offender.
Art. 907-Witnessss, summoned under
, the preceding article, who shall refuse to
appear and make ststsnlu. Of facts,
, under oath, shall BE- entity of a conemr
OF court, and may be tioef rot exceeding
800, and may be attached and Imprisoned
| until they make such ststrwent
! Such being th ..- .-u -.-l. 80
! procedure, wGT kauhiIls psIIltsls
. VIII it be suppre. SEQ!